A declaratory statement is the sole means for obtaining a binding interpretation or opinion from the Department of Business and Professional Regulation concerning the applicability of statutory provisions, rules or orders over which the Department has authority (Chapters 455 and 468, Part XV, Florida Statutes, and Chapter 61G-3, Florida Administrative Code).
A petition for a declaratory statement may only be used to resolve questions or doubts as to how the statutes, rules or orders may apply to the petitioner’s particular circumstances. A declaratory statement is not the appropriate means for determining the conduct of another person or for obtaining a policy statement of general applicability from the Department of Business and Professional Regulation.
Section 120.565, Florida Statutes, and 28.105, Florida Administrative Code, set forth the requirements for filing a petition for declaratory statement from the Department of Business and Professional Regulation.
Basic requirements (subject to change pursuant to 28.105, Florida Administrative Code) include:
- The caption shall read: Petition for Declaratory Statement Before (Name of Agency).
- The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner.
- The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner’s attorney or qualified representative if any.
- The statutory provision(s), agency rule(s), or agency order(s) on which the declaratory statement is sought.
- A description of how the statutes, rules, or orders may substantially affect the petitioner in the petitioner’s particular set of circumstances.
- The signature of the petitioner or of the petitioner’s attorney or qualified representative.
- The date.
Petitions for declaratory statements should be sent to:
Department of Business and Professional Regulation
Division of Real Estate
400 W Robinson St N801
Orlando, FL 32801
Below is a list of previously issued declaratory statements dating back to 1993, indexed by statutes or rule. Please note past statements may be affected by new statute amendments and rule changes, so refer to the Statute/Rule cited to verify whether the information is still applicable. Please note the petitions which have been denied by the Department are not included.
|Statute: 475 Part 1||DS 93-01||Kelley E. Geraghty, Esq for Marco Resort, Inc. (MRI)|
|Statute: 475.42(1)(d)||DS 99-004||NRT, Inc. & Coldwell Banker Residential Real Estate, Inc.|
|Statute: 475.011(2)||DS 2005-043||Jennifer L. DeSantis, Esq. for DeSantis Commercial, Inc.|
|Statute: 475.01(1)(a)||DS 2008-022||Management Planning Inc, “MPI”|
|Statute: 475.011(2)||DS 2009-078||Everglades Housing Group, “EHG”|
|Statute: 475.01(1)(a)||DS 2013-040||H Scott Gleason|
|Statute: 475.01, 475.011||DS 2014-069||WD Schorsch, LLC|
|Statute: 475.011(2)&(4)||DS 2015-001||Retirement Housing Foundation “RHF”, Foundation Property Management, Inc “FPM”|
All requests for publications, documents, forms, applications for licenses, permits and other similar certifications can be obtained by contacting the Customer Contact Center.
Katy McGinnis, Director
Division of Real Estate
400 West Robinson Street, N801
Orlando, Florida 32801